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CA/5852/2007 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 5852 of 2007
In
FIRST
APPEAL No. 2043 of 2007
=========================================================
NEW
INDIA ASSURANCE CO.LTD. - Petitioner(s)
Versus
SALMA
KHATOON @ MARNI & 4 - Respondent(s)
=========================================================
Appearance
:
MR
SHALIN N MEHTA for
Petitioner(s) : 1,
RULE NOT RECD BACK for Respondent(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 30/07/2008
ORAL
ORDER
Heard
learned advocate Mr. SN Mehta on behalf of applicant.
This
order is passed by (Coram: Honourable Mr. Justice Jayant Patel), on
26/4/2007, which is quoted as under:
?S1. In
view of the declaration made in the First Appeal, there is no
question of staying the execution and implementation of the award to
the extent of admitted liability of Rs.2,50,000/- together with
proportionate interest and the cost. The only aspects to be
considered is for interim injunction to the extent of liability
under challenge of Rs. 2,25,000/- together with proportionate
interest and the cost.
2.Rule
returnable on 13th June, 2007. By ad-interim order,
there shall be stay against execution and implementation of the
award qua applicant on condition that the applicant deposits the
entire amount of the award together with interest and the cost as
ordered by the Tribunal (above referred admitted liability and the
liability under challenge coupled with proportionate interest and
cost) before the returnable date. The amount deposited by the
applicant with this Court shall be transmitted to the Tribunal.
It
prima facie appears that the Tribunal has permitted withdrawal of
40% on a higher side and investment of only 60%. Normally, the
ratio would be at the most 30% disbursement and 70% investment.
Therefore, the Tribunal shall disburse 30% of the awarded amount and
invest 70% of the awarded amount both with proportionate interest
and cost to the extent of admitted liability. So far as the amount
pertaining to the liability under challenge is concerned, the order
of disbursement shall be passed at the time when the application is
finalised.??
Learned
Mehta appearing for applicant ? appellant submitted that total
amount as awarded by Tribunal together with cost and interest
including admitted liability is deposited with Tribunal by Insurance
Company.
This
Court has allowed disbursement of 30% amount and 70% investment with
proportionate interest and cost to the extent of admitted liability,
but no order is passed by this Court in respect to amount pertaining
to liability under challenged is concerned. This Court has made it
clear that order of disbursement shall be passed at the time when
civil application is finalized.
Rule
issued by this Court is not received back. The respondent claimants
are residing at State of Bihar, District Darbhanga Village Bharwada.
Therefore, issue fresh notice of Rule to respondent returnable on
1/9/2008.
Therefore,
at this stage, though, notice is not received back for respondent
claimants, this Court has passed order of disbursement in favour of
respondent claimants in respect to the amount pertaining to
liability under challenged by Insurance Company.
The
Claims Tribunal is directed to pay 30% amount from liability under
challenged in present appeal in favour of Smt Salma Khatoon urf
Marni by A/c payee cheque and rest of amount is to be invested from
liability under challenged in any nationalize bank for a period of
five years with cumulative interest and periodical renewal.
The
FDR is in the name of respondent claimants to be remained with Nazir
department of Tribunal. The claimants are not entitled any amount
of interest upon said FDR till appeal is finally decided by this
Court.
(H.K.RATHOD,
J)
asma
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